In the U.S., the discrimination laws that have been established by EEOC may come into play when an employer discharges temporary workers. For example, employers will be legally responsible as “an employer” for temporary workers who were hired through a temporary agency, as long as the employers exercise control over the temporary workers’ assignments. However, temporary workers are not subject to the same degree of protections against discrimination if they are treated as “an independent contractor.” A temporary worker is treated as an independent contractor if an employer had no ongoing relationship with the worker, did not pay the worker based on the hours worked, and had no authority over hours, assignments or other aspects of the means or manner in which the work was achieved. Unfortunately, most of the temporary workers hired by Japanese companies in the U.S. are considered employees. That said, employers should be aware of the discrimination laws when they discharge temporary workers, just as they are with regular employees.

井上奈緒子

Naoko Inoue Shatz is a U.S. lawyer who has extensive business experience in Japan, and she has a wide range of practice experience involving cross border matters and legal disputes between U.S. and Japan. Her dedication and responsiveness in addition to her experience has often helped corporate clients quickly uncover challenging issues and develop a sound business relationship. 井上奈緒子は日本でビジネスの経験を持つ米国の日本人弁護士で、アメリカと日本の2国間にかかわる一般法務から法的紛争にわたって幅広い経験を持ちます。さらに専心さと対応力に関しても多くのクライアントから評価を得ており、国際商業取引業務においてクライアントとは確実な関係を築きあげてきています。Read More

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